Casino Regulations
| Status |
Regulated. Local licences are issued by the Tax and Customs Board for operating land-based casinos. Section 22(1)(1) of the Gambling Act regulates gambling at casinos as gambling at a “gaming location”. |
| Games Permitted |
To the best of Vixio’s knowledge, Estonia’s gambling legislation does not specify permitted casino games. However, Section 4(1) of the Gambling Act defines sub-types of games of chance as follows:
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| Regulatory Authority | |
| Authorised Operators | A list of authorised casino operators is available on the Tax and Customs Board’s website. |
| Licensing and Costs |
General licensing information An activity licence and an operating permit are required for organising gambling in Estonia (Section 9(1), Gambling Act). The Tax and Customs Board issues an operating permit for:
An activity licence to organise games of chance or skill entitles a person to apply for an operating permit for organising gambling (Sections 16(1) and 16(2) of the act). According to Section 37(1) of the act, a gaming location for games of chance may only be situated in:
Pursuant to Section 16(1) of the act, an activity licence is issued for an indefinite period, is non-transferrable and expires in cases specified in Section 211 of the act. According to Section 22(3) of the act, the operating permit for a gaming location is issued for a period of up to 20 years. However, unless the gaming location for games of chance or skill is located on a ship registered in Estonia, the operating permit is issued for a period of time indicated in the written consent for opening the gaming location, which is granted by the local rural municipality government or city government of the gaming location within one month of receiving the request. According to Section 27(1) of the act, the consent for opening a gaming location for games of chance is valid for five to 20 years, while the same for games of skill at a gaming location is valid for up to 20 years. As specified in Section 9 of the act, a gambling operator shall be a public or a private limited company, with the following minimum share capital specified for different games:
According to Section 10(1) of the act, an operator, except for non-profit associations organising toto, is mandated to maintain an additional reserve from annual net profit transfers or other transfers which can then be entered in a reserve pursuant to law or the articles of association. The amount of additional reserve shall not be less than one third of the share capital (Section 10(2)). At least one seventh of the net profit shall be added to the additional reserve during each financial year. When the additional reserve reaches the amount prescribed in the articles of association, the increase of the reserve shall be terminated (Section 10(3)). Pursuant to Section 9(3) of the Gambling Act, the gambling company’s shareholders, partners or the management should not consist of a person who:
According to Section 37(6) of the act, the gaming location is mandated to possess at least 40 gaming machines or at least five gaming tables, on which the gambling tax is paid. (For instance, there can be: a gaming location with at least five tables and fewer than 40 machines; a gaming location with at least 40 machines and fewer than five tables; and a gaming location with both five (or more) tables and 40 (or more) machines). Licensing costs Section 260 of the State Fees Act specifies the following state fee structure when reviewing applications for the activity licence:
According to Section 261(1) of the State Fees Act, the state fee for the review of an operating permit application amounts to €3,200. More information regarding the application for an operating permit to organise games at gaming locations is available in Section 23 of the Gambling Act, and on the Tax and Customs Board’s website. |
| Taxation |
Gambling tax is paid monthly (Section 3(1), Gambling Tax Act). The tax rates for organising gambling at gaming locations are as follows:
Pursuant to Section 3(3) of the act: “In the event of organising a tournament of a game of chance, the period of taxation is the period during which one tournament of a game of chance is organised, starting on the first day of accepting the participation fees set out in the rules of tournament of the game of chance and ending on the day when the acceptance of participation fees set out in the rules of tournament of the game of chance is terminated.” According to Sections 1(1)(6) and 6(8) of the act, a 5.5 percent tax is imposed on the total amount of participation fees, less the portion accruing to the prize pool, for organising a tournament of a game of chance. According to Sections 1(1)(8) and 6(8) of the act, a 5.5 percent tax is imposed on the total amount of the participation fees for organising a ring game tournament. |
| Taxation of Players’ Winnings | According to Sections 19(2) and 4(1) of the Income Tax Act, gambling winnings are, in general, taxed at 22percent. However, according to Section 19(3)(7) of the Income Tax Act, winnings received from gambling organised on the basis of an operating permit or registration are not subject to income tax. |
| Player Credit | Section 34(1) of the Gambling Act prohibits an operator from entering into a credit agreement with a player for enabling them to make a bet, and prohibits the player from entering into a credit agreement with another person at the gaming location. |
Cardrooms
Vixio understands that poker is not separately regulated, and can be organised in gaming locations. Poker tournaments can be organised at gaming locations, and according to Section 7(1) of the Gambling Act: “A tournament of game of chance is a competition where the participants compete with one another in a game of chance. A tournament of game of chance may take place as:
Pursuant to Section 40(1) of the act, the right to organise a games of chance tournament on a gaming table, a gaming machine or as remote gambling is given to a person who possesses the activity licence for organising games of chance. Pursuant to Section 40(1¹) of the act, a games of chance tournament can be organised in a temporary gaming venue without an organisation permit.
For information on online poker, please refer to the Online Gambling section of this report.
Regulatory Frameworks
Additional legislation is available on the parliament’s website.
Anti-Money Laundering
A list of other AML-related legislation and guidelines can be found on the Estonian Financial Intelligence Unit’s website.
Data Protection
Advertising
General guidelines and instructions can also be found here on the website of the Consumer Protection and Technical Regulatory Authority.
Relevant Contacts
Tax and Customs Board
Tel: (+372) 676 2709
Email: hasart@emta.ee
Website: https://www.emta.ee/ariklient/registreerimine-ettevotlus/hasartmangukorraldajale
AML Regulator
Ministry of Finance
Tel: (+372) 611 3558
Email: info@fin.ee
Financial Intelligence Unit (FIU)
Tel: (+372) 696 0500
Email: info@fiu.ee
Data Protection Authority
Data Protection Inspectorate
Tel: (+372) 627 4135
Email: info@aki.ee
Advertising Regulator
Consumer Protection and Technical Regulatory Authority
Tel: (+372) 667 2000
Email: info@ttja.ee